The news and herald. (Winnsboro, S.C.) 1877-1900, 1887-12-20
A statesmanIiko Document.


Bar Association in December, 1886, is
o profound and statesmanlike docu-
ment. 1t ought to be read and in
wardly digested by every man who
apprehends any danger of being here
after sent to the Legislature. 1t ought
to bo read. too, by every intelligent
voter. In q masterly way Judge
Cooley demonstrates tho Importance of
preserving constitutional guarantees.
The address was most opportunc, in
view Of now almost universal tenden-
cy, both on the part Of tho Legislature
and tho people, to ignore tho limita-
tlons Of tho constitution, however per-
fectly they may have stood the test of
time.
Speaking of the taxing power,
which Chief Justice Marshall with
inimitable facility of phrase, called "a
power to destroys" Judge Cooley says
"A traSpaae sn~y sNeily ripen into q
right, and the barost assumption r,,siy
lay the foundation for most solid ahd
permanent authority"
And, again, in another connection,
speel'ng of tho duty of1tho maker:
sit is the duty OF each delegate to
make himself acquainted with tho
tho merits of all proposed legislation,
and to take the advice and have the
benefit of the judgment of his associ-
ates upon it. He is thcn to apply his
own judgment to the question of its
adoption. No momber of the delibera-
tive body can delegate tho law-making
function to another person, even
though that other person be his asso-
ciatc; but he in person must assume
tho responsibility"
"Finally," says tho learned author,
"the habit of mind which consents to
tho doing of constitutional wrong,
when it is supposed some temporary
good may be accomplished, should be
recognized as foe to constitutional
Limitations and securities, and which,
therefore, Mt any cost, must be COR
rected."
ESPECIALLY should every insidious
charge which threatens to creep in bv
usurpation of authority be met at tho
threshold and be sturdily resisted.
And such change will owe it's accom-
plishmcnt either to general ignorance
among the people regarding the fun
damcntal principles of government, or
to general indifference. In either case
1t would be evidence Of condition Of
things which would render tho public
mind fallow ground for tho seeding of
wild speculation and fanciful expert
ment, especially for that widest of
nations, that whatever is new is proba-
bly, progressive and should, therefore,
for it's very novelty, bo welcomed and
embraced"
Judge Cooley closes his admirable
address with patriotic appeal to tho
lawyers to stand up for the Constitu-
ton. "The legal profession of the
country" he says, "stand at tho por-
tails of the future, charged with tho
duty of protecting tho Constitutions,
national and State, under which they
exercise their functions as ministers of
justice, and which constitute at once
the defence of individual, liberty and
the guarantee of public order. It is a
solemn and very onerous duty. and
requires for its performance careful
and conscientious study Of tho emer-
gencies of government as from time to
time they arise" Tho address is a
timely note of warning to a generation
that has taken private property for
private purposes; generation that
through the ''police power" has as.
sumed arbitrary power oyer corporate
wealth; q generation sin which the
legislature has abandoned It's functions.
and cmbracedc the priniples of 'slocal
option" and "local taxation;" q gen-
Grafton which has clothed itself in a